McHenry County Spousal Support Lawyers

Maintenance, which is also called spousal support, is money paid from one spouse to the other after a divorce. Not every divorce will include a maintenance award, as it is not considered necessary in every circumstance. At the law office of Botto Gilbert Lancaster, PC, we are experienced in handling divorces that involve maintenance demands. We understand how Illinois courts make decisions regarding spousal support and strive to obtain the most advantageous judgment for our clients.

Maintenance And Spousal Support In Illinois

In Illinois and throughout the country, the trend has been against awarding maintenance. If both spouses are earning similar or close to similar salaries, a spousal support award is unlikely. If there is a vast discrepancy between the financial circumstances of each spouse, maintenance may be granted. In determining whether to grant spousal support and for how long, the court will consider the following:

The length of the marriage – Marriages under 10 years in duration are typically considered short-term marriages. It is much more challenging to obtain maintenance in these cases.

Current salary - A significant gap in salaries can justify maintenance.

Health – If one spouse is of poor health and cannot work, maintenance is more likely.

Education of the spouse seeking maintenance – If one spouse is less educated and has fewer prospects for future employment, maintenance is more likely.

The purpose of maintenance is to provide a bridge from the marriage into life after the marriage for a lesser earning spouse. For example, if one spouse stayed home to raise children or maintain the household, that spouse may need financial support until achieving the ability to support him- or herself. In these cases, short-term rehabilitative maintenance is most likely. A termination date may be included in the initial support judgment or the support may terminate when a condition such as completion of an educational program is satisfied. If the court determines that it is unlikely that the spouse will be able to support himself or herself in the future due to advanced age, disability, illness, or lack of education, it may order permanent maintenance.

If you are involved in a divorce that involves possible maintenance, our attorneys can assist you. We are experienced in representing both sides of this issue and are skilled at negotiating and litigating spousal support matters. We offer free consultations at our Crystal Lake office, and we have flexible hours to better serve our clients. Our firm works with clients throughout McHenry County and northern Illinois.

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